Madras High Court
Karupayyammal vs The District Collector on 20 October, 2021
W.P. No.11968 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.10.2021
CORAM:
THE HONOURABLE Mrs. JUSTICE V. BHAVANI SUBBAROYAN
W.P. No.11968 of 2020
Karupayyammal .. Petitioner
Versus
1. The District Collector,
Erode District, Erode – 11.
2. The Revenue Divisional Officer,
Brough Road, Erode, Erode District.
3. The Executive Engineer / Administrative.
Tamil Nadu Housing Board,
Surampatti Nall Road,
Erode – 638 009. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying
to issue a Writ of Mandamus, directing the respondents 2 and 3 to disburse the
compensation as fixed by the first respondent in his proceedings
Na.Ka.No.54522/1990/B1, dated 02.07.2019 within stipulated time as fixed by
this Court.
For Petitioner : Mr. C.Prakasam
For Respondents 1&2 : Mr. V.Veluchamy
Government Advocate
3 : Mr. C.Emalias
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W.P. No.11968 of 2020
O RD E R
This writ petition is filed for issuance of writ of mandamus directing the
respondents 2 and 3 to disburse the compensation as fixed by the first
respondent in his proceedings Na.Ka.No.54522/1990/B1, dated 02.07.2019
within stipulated time as fixed by this Court.
2. The case of the petitioner is that her husband one Samiyappa Gounder
is the owner of the land situated in S.Nos.455/2, 455/3 and 455/4, Erode C
Village, Erode Taluk & District and that in the year 1991 the Tamil Nadu
Government acquired the land for Tamil Nadu Housing Board to an extent of
0.36.0 Hectare in S.No.455/2 and 0.40.0 hectare in S.No.455/3 and another
extent of 0.40.0 Hectare in S.No.455/4. After that the respondents passed award
in the year 1994, by fixing the compensation at the rate of Rs.37,500/- per acre.
It is stated that against the said award, the husband of the petitioner approached
the first respondent and made an application under Section 18 of the Land
Acquisition Act and the same has been referred to Sub Court in L.A.O.P. No.5
of 2005. It is further stated that the learned Additional Sub Judge, Erode,
disposed of the said L.A.O.P. by enhancing the compensation at the rate of
Rs.20/- per sq.ft. Aggrieved by that order, the third respondent approached this
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W.P. No.11968 of 2020
Court and filed an appeal in A.S. No.833 of 2006 and this Court reduced the
enhanced compensation fixed by the Sub Court as Rs.8/- per sq.ft. It is stated
that adjacent land owners approached the Hon'ble Supreme Court challenging
the First Appeal in A.S. No.996 of 2003 and the Hon'ble Supreme Court has
passed the following order:
“ we further direct the respondents and the State of Tamil Nadu to
pay the same amount of compensation to other land owners whose land was
acquired by notification dated 22.05.1991 but who may have on account of
ignorance, poverty and other similar handicaps, not been able to approach
the Reference Court or may not have been able to contest the matter before
the High Court and this Court. The needful be done in respect of other
landowners within a period of six months. This direction has been given in
exercise of the power vested in this Court under Article 142 of the
Constitution.”
3. It is stated that the petitioner approached the respondents and made
several written representations from the year 2013. But the respondents have
not passed any orders complying the order of the Hon'ble Supreme Court. It is
further stated that since the subject land in Apex Court order and the petitioner's
acquired lands are under same notification, the District Revenue Officer, Erode
sent communication to the second respondent to look over the matter. The
grievance of the petitioner is that till today the respondents have not fixed the
enhanced compensation and not disbursed the said enhanced compensation as
per the order of Hon'ble Apex Court.
4. It is stated that the petitioner filed a writ petition in W.P. No.3470 of
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W.P. No.11968 of 2020
2019 seeking direction to direct the respondents to fix the enhanced
compensation for the petitioner's land situated in S.Nos.455/2, 455/3 and 455/4,
Erode C Village, Erode Taluk & District to the extent of 0.36.0 hectare in
S.No.455/2 and 0.44.0 Hectare in S.No.455/3 and another extent of 0.40.0
hectare in S.No.455/4 for 1/3rd share by taking note of the order passed in
Special Leave to Appeal (Civil) No.867-868/2012, dated 05.07.2013 by
disposing the written representation made by the petitioner on 17.12.2018
within the stipulated time. This Court, by order dated 06.02.2019, directed the
first respondent therein to consider the petitioner's representation dated
17.12.2018 on merits and in accordance with law and in the light of judgment
of Hon'ble Supreme Court, within a period of eight weeks from the date of
receipt of a copy of the order. It is further stated that the first respondent passed
orders in Na.Ka.No.54522/1990/B1, dated 02.07.2019, considering at the rate
of Rs.20/- per sq.ft. and to calculate the 12% interest from the date of 4(1)
notification till the award dated 10.06.1994 and also 30% solatium to be
calculated along with the total compensation and deduct from the total
compensation, if any received by the petitioner and also the 9% interest to be
calculated from the date of possession taken by the Government for the period
of one year. After lapse of 1 year, 15% interest should be calculated till the date
of total compensation paid to the petitioner. The main grievance of the petitioner
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W.P. No.11968 of 2020
is that though the first respondent passed order on 02.07.2019, the second and
third respondents are not inclined to disburse the same. Despite several
representations made by the petitioner, the respondents 2 and 3 have not
disbursed the compensation to the petitioner. Aggrieved by the same, the
petitioner approached this Court by way of filing this writ petition.
5. Learned counsel for the petitioner submitted that even though the first
respondent passed orders to consider the rate of Rs.20/- per sq.ft and to
calculate interest at the rate of 12% from the date of 4(1) notification, the
respondents 2 and 3 have failed to do so. He further submitted that unless this
Court directs the respondents 2 and 3 to disburse the compensation as fixed by
the first respondent in his proceedings in Na.Ka.No.54522/1990/B1, dated
02.07.2019, the petitioner will be put to irreparable loss and hardship.
6. Learned counsel appearing for the third respondent submitted that the
respondent Tamil Nadu Housing Board has deposited the admitted amount
before the District Revenue Officer, Erode and that the petitioner was permitted
to withdraw the same after filing protest and remaining amount will be paid
subject to the outcome of the writ petition. After calculating interest, the
amount to be paid is Rs.48,68,632/- on the date of signing of the proceedings.
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W.P. No.11968 of 2020
In the proceedings in ep/v/01-90-j/eh/tP/th/-m3 dated 30.11.2020, it is
stated that the total amount to be paid to the petitioner is Rs.48,68,632/- and
the matter has been recommended and forwarded to the Executive Engineer,
Tamil Nadu Housing Board, Erode. The said amount was calculated up to
30.11.2020 and further interest to be calculated from 30.11.2020 till the date of
depositing the amount. Learned counsel for the third respondent submits that
the calculation rendered by the Revenue Divisional Officer, Erode, is correct and
that the third respondent has to pass appropriate orders by paying the amount to
the petitioner.
7. Considering the facts and circumstances of the case, this Court directs
the third respondent to calculate the amount as per the calculation of Revenue
Divisional Officer, Erode, in his proceedings dated 30.11.2020 and pass
appropriate orders and pay the amount within a period of twelve weeks from the
date of receipt of a copy of this order. No costs.
20.10.2021
Index:Yes / No
Speaking order / Non speaking order
bkn
To
https://www.mhc.tn.gov.in/judis
W.P. No.11968 of 2020
1. The District Collector,
Erode District, Erode – 11.
2. The Revenue Divisional Officer,
Brough Road, Erode, Erode District.
3. The Executive Engineer / Administrative.
Tamil Nadu Housing Board,
Surampatti Nall Road,
Erode – 638 009.
https://www.mhc.tn.gov.in/judis
W.P. No.11968 of 2020
V. BHAVANI SUBBAROYAN, J.,
bkn
W.P. No.11968 of 2020
20.10.2021
https://www.mhc.tn.gov.in/judis
